Dodge Ram Class Action Says Cummins Engine Defect Reduces MPG

Fiat Chrysler and Cummins were hit with a class action lawsuit alleging the Cummins engine in Dodge Ram 2500 and 3500 trucks is defective causing low gas mileage and high emissions.

Lead plaintiffs claim in their class action lawsuit that Fiat Chrysler and Cummins have been leveraging a defect in the selective catalytic converter installed in the engine of Dodge Ram 2500 and 3500 pickups in competing lawsuits, leaving owners to pick up the costs of higher emissions and lower mileage.

“A cardinal rule of business is that you fix a product if it is defective,” argues the Dodge Ram class action. “Indeed, most companies consider it their moral and legal obligation to do so. But when [Fiat Chrysler] and Cummins discovered at least as early as 2014 that the selective catalytic converter (SCR) system in certain Dodge Ram trucks was defective—and that these trucks were emitting harmful pollutants and experiencing a precipitous drop in performance—they did not rush to fix the problem. Instead, they sued each other and used the defect as leverage in their negotiations over who was going to pay to fix it.”

According to the Dodge Ram class action, Fiat Chrysler and Cummins have been evading responsibility for the defect. In fact, say the plaintiffs, in one case where the companies sued each other, Cummins stated that a recall of Dodge Rams with the defective engine was in the public interest.

The plaintiffs allege that nearly 135,000 Dodge Rams are affected by the defect in the Cummins engine. The defect affects model year 2013-2017 Dodge Ram pickups with a Cummins 6.7-liter diesel engine, say the plaintiffs.

According to the FCA class action lawsuit, the selective catalytic converter system (SCR) in the Cummins engine breaks down and emits excessive emissions that violate both California and federal standards. Further, allege the plaintiffs, the diesel particulate filter becomes clogged with soot and the truck burns more fuel to clear the filter. In fact, say the plaintiffs, trucks that are serviced at the dealership are subject to having their systems “flashed,” leading to further damage and increased use of fuel.

“The Defendants never disclosed that their defective SCR system would ultimately cost the consumer several hundred dollars a year because of increased fuel costs,” charge the plaintiffs.

“The Defect is part of a long-running saga involving efforts by auto and engine companies to meet (and evade) the EPA’s emissions requirements,” alleges the lawsuit. The Dodge Ram class action explains that diesel engines pose a particular problem when it comes to emissions; however, car and engine companies rushed to create “clean diesel” after seeing a new opportunity for growth.

According to the class action this all changed after the Environmental Protection Agency accused Volkswagen of cheating emissions standards. This didn’t stop with Volkswagen’s passenger vehicles, say the plaintiffs, diesel engines in Dodge Ram pickups were not working as advertised too. “In fact, the EPA recently announced that FCA’s Dodge Ram 1500 ‘EcoDiesel’ trucks (model years 2014–2016) contain defeat devices,” the lawsuit states.

Further, allege the plaintiffs, when the emissions system shuts down or stops, the Dodge Rams go into “limp mode,” which requires them to reach a dealership within 175 miles. This puts car owners in expensive and potentially dangerous situations by forcing the trucks to move slowly in high speed traffic areas.

The plaintiffs seek to represent all current and former owners and lessees of model year 2013-2017 Dodge Ram 2500 and 3500 pickup trucks.

The plaintiffs are represented by Steve W. Berman and Jerrod C. Patterson of Hagens Berman Sobel Shapiro LLP, E. Powell Miller and Sharon S. Almonrode of The Miller Law Firm PC, Christopher A. Seeger of Seeger Weiss LLP, James E. Cecchi of Carella Bryne Cecchi Olstein Brody & Angello PC, and Eric J. Artrip of Mastando & Artrip.

The Dodge Ram Defective Diesel Engine Class Action Lawsuit is Jeremy Raymo, et al. v. FCA US LLC, et al., Case No. 2:17-cv-12168-TGB-SDD, in the U.S. District Court for the Eastern District of Michigan.